State v. Burnison’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We have previously addressed the granting of a motion to dismiss as a sanction. In State v. King, 372 So.2d 1126 (Fla. 2d DCA 1979), cert. denied, 385 So.2d 758 (Fla. 1980), we reversed the trial court's dismissal of prosecution as an abuse of discretion after the state failed to comply with an oral order. We found that the state's action had not been willful and the defendant demonstrated no prejudice to his cause. In evaluating the sanction we stated: While a trial court has the authority to dismiss a cause as a sanction for failure to comply with a court order or for violation of a discovery rule, Fla.R. Crim.P. 3.220(j), State v. Oliver, 322 So.2d 638 (Fla. 3d DCA 1975), the dismissal of charges against a defendant is an extreme sanction and one that should be utilized with caution and only when a lesser sanction would not accomplish the desired result. State v. Smith, 342 So.2d 1094 (Fla. 2d DCA 1977). Accord, State v. Perez, 383 So.2d 923 (Fla. 2d DCA 1980). In State v. Spillane, 419 So.2d 753 (Fla. 2d DCA 1982), where an order dismissing an information was granted following alleged misconduct by certain deputies, we reversed the dismissal as too drastic a sanction, absent demonstrable prejudice to the defendant. In State v. Banks, 418 So.2d 1059 (Fla. 2d DCA), cert. denied, 424 So.2d 760 (Fla. 1982), after reversing a dismissal for a discovery violation, we pointed out that the trial court should have been aware of the availability of a continuance as a viable alternat”

   1 later decision quote this exact passage
   e.g. 513 So. 2d 753 - State v. Ryan

2. “reasonable time before the hearing on the motion to dismiss,”

   1 later decision quote this exact passage
   e.g. State v. Sawyer